Columbia Warns Full Fed. Circ. Of Design Patent 'Tailspin'

Law360 (January 14, 2020, 9:17 PM EST) -- Columbia Sportswear urged the full Federal Circuit on Monday to review a decision that threw out a $3 million patent award the company won against rival Seirus, saying the ruling “will send design patents into a tailspin” if it's allowed to stand.

In a petition for en banc rehearing, Columbia said the November ruling by a three-judge panel “substantially undermines the protection of design patents” by holding that a lower court improperly declined to consider whether the presence of Seirus’ logo on the accused product meant it did not infringe Columbia’s design patent.

That holding created a "sweeping new rule" that...

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